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Must injury lawyers have malpractice insurance in MA?

I know that's something you're supposed to ask a lawyer before you hire one (at least according to one of your other posts). But I thought attorneys (including personal injury lawyers) were required to have insurance. So . . . . now I guess that isn't the law?

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No, there is no law that requires attorneys in Massachusetts (personal injury attorneys or others) to purchase malpractice insurance.  (Although there is a regulation that requires attorneys to disclose whether they have malpractice insurance.)  Obviously, from a consumer's perspective, it is better to have an attorney who does have insurance.  That way, if your attorney truly messes up on your case, you will have a pool of money to collect any damages from and will not have to worry about the attorney's ability to pay any judgement.  The insurance arm of the Massachusetts Bar Association estimates that 15 to 20 percent of MA attorneys do not have insurance.  For more information about other aspects of your claim, visit our Massachusetts Personal Injury Discussion Forum.



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